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AUDIT LEGISLATION AMENDMENT BILL 2005

          Queensland



Audit Legislation Amendment
Bill 2005

 


 

 

Queensland Audit Legislation Amendment Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Associations Incorporation Act 1981 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 59 (Audit and statement) . . . . . . . . . . . . . . . . . . 6 4 Insertion of new pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 16 Transitional provisions 145 Transitional provision for Audit Legislation Amendment Act 2005. . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 3 Amendment of Building Units and Group Titles Act 1980 5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 7 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Amendment of s 29B (Audit of accounts of body corporate) . . . . 8 8 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 7 Additional transitional provisions 135 Transitional provision for Audit Legislation Amendment Act 2005. . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 4 Amendment of Charitable and Non-Profit Gaming Act 1999 9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 85 (Definition for div 6) . . . . . . . . . . . . . . . . . . . 9 Part 5 Amendment of Charitable Funds Act 1958 11 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Amendment of s 24 (Audit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 6 Amendment of Collections Act 1966 13 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Amendment of s 31 (Financial statements and audit) . . . . . . . . . 10 15 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 9 Transitional provisions

 


 

2 Audit Legislation Amendment Bill 2005 48 Transitional provision for Audit Legislation Amendment Act 2005. . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 7 Amendment of Currumbin Bird Sanctuary Act 1976 16 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Amendment of s 11 (Accounts to be kept) . . . . . . . . . . . . . . . . . . 12 Part 8 Amendment of Electricity Act 1994 18 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Amendment of s 20N (Content requirements for audited statement) .................................... 13 Part 9 Amendment of Funeral Benefit Business Act 1982 20 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 10 Amendment of Gaming Machine Act 1991 22 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 14 Part 11 Amendment of Gas Supply Act 2003 24 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Amendment of s 227 (Content requirements for audited statement) .................................... 15 Part 12 Amendment of Land Act 1994 26 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Amendment of s 47 (Trustee's accounting functions). . . . . . . . . . 15 28 Amendment of s 49 (External audits) . . . . . . . . . . . . . . . . . . . . . . 16 29 Insertion of new ch 9, pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 1C Transitional provision for Audit Legislation Amendment Act 2005 521D Persons appointed to perform certain audits before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 13 Amendment of Metropolitan Water Supply and Sewerage Act 1909 30 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 31 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 17 32 Amendment of s 108 (Appointment of auditors). . . . . . . . . . . . . . 18 33 Amendment of s 114 (Special audit) . . . . . . . . . . . . . . . . . . . . . . 18 34 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 12 Transitional provisions 157 Transitional provision for Audit Legislation Amendment Act 2005. . . . . . . . . . . . . . . . . . . . . . . . . 18

 


 

3 Audit Legislation Amendment Bill 2005 Part 14 Amendment of Petroleum and Gas (Production and Safety) Act 2004 35 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 36 Amendment of s 605 (Appointment and qualifications) . . . . . . . . 19 Part 15 Amendment of Property Agents and Motor Dealers Act 2000 37 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 38 Amendment of s 391 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 20 39 Insertion of new ch 19, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 6 Transitional provision for Audit Legislation Amendment Act 2005 637 Continuing auditor may perform certain audits. . . . . . 21 Part 16 Amendment of Queensland Police Welfare Club Act 1970 40 Act amended in pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41 Amendment of s 2 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 22 42 Amendment of s 3 (Appointment of office-bearers and auditor of club) .......................................... 22 Part 17 Amendment of Retirement Villages Act 1999 43 Act amended in pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 44 Amendment of s 113 (Annual financial statements) . . . . . . . . . . . 23 Part 18 Amendment of Security Providers Act 1993 45 Act amended in pt 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 46 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 19 Amendment of South Bank Corporation Act 1989 47 Act amended in pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 48 Replacement of pt 11, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 49 Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2 Transitional provision for Audit Legislation Amendment Act 2005 124 Audit of body corporate's accounts for certain financial years ........................ 25 50 Amendment of sch 4 (Modified Building Units and Group Titles Act) .......................................... 25 Part 20 Amendment of Wagering Act 1998 51 Act amended in pt 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 52 Amendment of schedule 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . 26 Part 21 Amendment of other audit legislation 53 Amendments--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Schedule Amendment of other audit legislation . . . . . . . . . . . . . . . . . . . 28 Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

 


 

4 Audit Legislation Amendment Bill 2005 Aboriginal Land Regulation 1991 . . . . . . . . . . . . . . . . . . . . . . . . . 28 Body Corporate and Community Management Act 1997. . . . . . . 30 Body Corporate and Community Management (Accommodation Module) Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Body Corporate and Community Management (Commercial Module) Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Body Corporate and Community Management (Small Schemes Module) Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Body Corporate and Community Management (Standard Module) Regulation 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . 37 Financial Administration and Audit Regulation 1995 . . . . . . . . . . 38 Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 39 Torres Strait Islander Land Regulation 1991 . . . . . . . . . . . . . . . . 39

 


 

2005 A Bill for An Act to make various amendments of Queensland legislation relating to qualifications of persons performing audits, and for other purposes

 


 

s1 6 s3 Audit Legislation Amendment Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Audit Legislation Amendment Act 4 2005. 5 Part 2 Amendment of Associations 6 Incorporation Act 1981 7 Clause 2 Act amended in pt 2 8 This part amends the Associations Incorporation Act 1981. 9 Clause 3 Amendment of s 59 (Audit and statement) 10 (1) Section 59(1)(b)(ii) and (iii)-- 11 omit, insert-- 12 `(ii) a member of CPA Australia who is entitled to use 13 the letters `CPA' or `FCPA'; or 14 (iii) a member of The Institute of Chartered 15 Accountants in Australia who is entitled to use the 16 letters `CA' or `FCA'; or 17 (iiia) a member of the National Institute of Accountants 18 who is entitled to use the letters `MNIA', `FNIA', 19 `PNA' or `FPNA'; or'. 20 (2) Section 59(1)(b), (iiia) and (iv)-- 21 renumber as section 59(1)(b)(iv) and (v). 22

 


 

s4 7 s5 Audit Legislation Amendment Bill 2005 Clause 4 Insertion of new pt 16 1 After section 144-- 2 insert-- 3 `Part 16 Transitional provisions 4 `145 Transitional provision for Audit Legislation 5 Amendment Act 2005 6 `(1) This section applies if-- 7 (a) before the commencement, an incorporated association 8 appointed a person mentioned in pre-amended section 9 59(1)(b)(ii) or (iii) to audit the association's financial 10 affairs for the 2004-2005 financial year; and 11 (b) the person has not performed the audit before the 12 commencement. 13 `(2) For the purpose of the person performing the audit, 14 pre-amended section 59(1)(b)(ii) or (iii) continues to apply as 15 if the Audit Legislation Amendment Act 2005 had not 16 commenced. 17 `(3) In this section-- 18 commencement means commencement of this section. 19 pre-amended, in relation to section 59(1)(b)(ii) or (iii), means 20 the provision as in force before the commencement.'. 21 Part 3 Amendment of Building Units 22 and Group Titles Act 1980 23 Clause 5 Act amended in pt 3 24 This part amends the Building Units and Group Titles Act 25 1980. 26

 


 

s6 8 s8 Audit Legislation Amendment Bill 2005 Clause 6 Amendment of s 7 (Interpretation) 1 Section 7(1), definition qualified auditor, paragraphs (b) and 2 (c)-- 3 omit, insert-- 4 `(b) a member of CPA Australia who is entitled to use the 5 letters `CPA' or `FCPA'; or 6 (c) a member of The Institute of Chartered Accountants in 7 Australia who is entitled to use the letters `CA' or 8 `FCA'; or 9 (d) a member of the National Institute of Accountants who 10 is entitled to use the letters `MNIA', `FNIA', `PNA' or 11 `FPNA'.'. 12 Clause 7 Amendment of s 29B (Audit of accounts of body 13 corporate) 14 Section 29B(2)-- 15 omit, insert-- 16 `(2) The audit of the books and accounts of the body corporate 17 must be performed by a qualified auditor.'. 18 Clause 8 Insertion of new pt 7 19 After section 134-- 20 insert-- 21 `Part 7 Additional transitional 22 provisions 23 `135 Transitional provision for Audit Legislation 24 Amendment Act 2005 25 `(1) This section applies if, before the commencement, a body 26 corporate appointed a person mentioned in pre-amended 27 section 29B(2)(b) to carry out an audit of the books and 28 accounts of the body corporate-- 29 (a) for the 2004-2005 financial year and the person has not 30 carried out the audit; or 31

 


 

s9 9 s 10 Audit Legislation Amendment Bill 2005 (b) for the 2005-2006 financial year. 1 `(2) For the purpose of the person carrying out the audit, 2 pre-amended section 29B(2)(b) continues to apply as if the 3 Audit Legislation Amendment Act 2005 had not commenced. 4 `(3) In this section-- 5 commencement means commencement of this section. 6 pre-amended, in relation to section 29B(2)(b), means the 7 provision as in force before the commencement.'. 8 Part 4 Amendment of Charitable and 9 Non-Profit Gaming Act 1999 10 Clause 9 Act amended in pt 4 11 This part amends the Charitable and Non-Profit Gaming Act 12 1999. 13 Clause 10 Amendment of s 85 (Definition for div 6) 14 (1) Section 85, definition accountant, paragraph (b)-- 15 omit, insert-- 16 `(b) a member of CPA Australia who holds a current public 17 practice certificate issued by CPA Australia; or'. 18 (2) Section 85, definition accountant, paragraph (d)-- 19 omit, insert-- 20 `(d) a member of the National Institute of Accountants who 21 holds a current public practice certificate issued by the 22 institute; or'. 23

 


 

s 11 10 s 14 Audit Legislation Amendment Bill 2005 Part 5 Amendment of Charitable 1 Funds Act 1958 2 Clause 11 Act amended in pt 5 3 This part amends the Charitable Funds Act 1958. 4 Clause 12 Amendment of s 24 (Audit) 5 (1) Section 24(2)(c)(ii) and (iii)-- 6 omit, insert-- 7 `(ii) a member of CPA Australia who is entitled to use 8 the letters `CPA' or `FCPA'; or 9 (iii) a member of The Institute of Chartered 10 Accountants in Australia who is entitled to use the 11 letters `CA' or `FCA'; or 12 (iiia) a member of the National Institute of Accountants 13 who is entitled to use the letters `MNIA', `FNIA', 14 `PNA' or `FPNA'; or'. 15 (2) Section 24(2)(c), (iiia) and (iv)-- 16 renumber as section 24(2)(c)(iv) and (v). 17 Part 6 Amendment of Collections Act 18 1966 19 Clause 13 Act amended in pt 6 20 This part amends the Collections Act 1966. 21 Clause 14 Amendment of s 31 (Financial statements and audit) 22 (1) Section 31(1)(f)(ii) and (iii)-- 23 omit, insert-- 24

 


 

s 15 11 s 15 Audit Legislation Amendment Bill 2005 `(ii) a member of CPA Australia who is entitled to use 1 the letters `CPA' or `FCPA'; or 2 (iii) a member of The Institute of Chartered 3 Accountants in Australia who is entitled to use the 4 letters `CA' or `FCA'; or 5 (iiia) a member of the National Institute of Accountants 6 who is entitled to use the letters `MNIA', `FNIA', 7 `PNA' or `FPNA'; or'. 8 (2) Section 31(1)(f), (iiia) and (iv)-- 9 renumber as section 31(1)(f)(iv) and (v). 10 (3) Section 31(2), `subsection (1)(f)(i) and (ii)'-- 11 omit, insert-- 12 `subsection (1)(f)(i) to (iv)'. 13 Clause 15 Insertion of new pt 9 14 After section 47-- 15 insert-- 16 `Part 9 Transitional provisions 17 `48 Transitional provision for Audit Legislation 18 Amendment Act 2005 19 `(1) This section applies if-- 20 (a) before the commencement-- 21 (i) a charity or association appointed a person 22 mentioned in pre-amended section 31(1)(f)(ii) or 23 (iii) to audit the accounts, moneys and property of 24 the charity or association; or 25 (ii) a promoter of an appeal for support appointed a 26 person mentioned in pre-amended section 27 31(1)(f)(ii) or (iii) to audit the accounts, moneys 28 and property raised by or resulting from the appeal 29 for support; and 30

 


 

s 16 12 s 17 Audit Legislation Amendment Bill 2005 (b) the person has not performed the audit before the 1 commencement. 2 `(2) For the purpose of the person performing the audit, 3 pre-amended section 31(1)(f)(ii) or (iii) continues to apply as 4 if the Audit Legislation Amendment Act 2005 had not 5 commenced. 6 `(3) In this section-- 7 commencement means commencement of this section. 8 pre-amended, in relation to section 31(1)(f)(ii) or (iii), means 9 the provision as in force before the commencement.'. 10 Part 7 Amendment of Currumbin Bird 11 Sanctuary Act 1976 12 Clause 16 Act amended in pt 7 13 This part amends the Currumbin Bird Sanctuary Act 1976. 14 Clause 17 Amendment of s 11 (Accounts to be kept) 15 (1) Section 11(3), `and forwarded pursuant to section 28 of the 16 Act'-- 17 omit, insert-- 18 `under the Financial Administration and Audit Act 1977'. 19 (2) Section 11(3)(b), from `or, as the case' to `the Act'-- 20 omit, insert-- 21 `about'. 22

 


 

s 18 13 s 21 Audit Legislation Amendment Bill 2005 Part 8 Amendment of Electricity Act 1 1994 2 Clause 18 Act amended in pt 8 3 This part amends the Electricity Act 1994. 4 Clause 19 Amendment of s 20N (Content requirements for audited 5 statement) 6 (1) Section 20N(a), `the Australian Society of Certified Practising 7 Accountants'-- 8 omit, insert-- 9 `CPA Australia'. 10 (2) Section 20N(b)(ii)-- 11 omit, insert-- 12 `(ii) a member of, and holds a practising certificate 13 from CPA Australia, The Institute of Chartered 14 Accountants in Australia or the National Institute 15 of Accountants; and'. 16 Part 9 Amendment of Funeral Benefit 17 Business Act 1982 18 Clause 20 Act amended in pt 9 19 This part amends the Funeral Benefit Business Act 1982. 20 Clause 21 Amendment of s 5 (Definitions) 21 (1) Section 5, definition authorised accountant-- 22 insert-- 23 `(aa) a member of CPA Australia who is entitled to use the 24 letters `CPA' or `FCPA'; or 25

 


 

s 22 14 s 23 Audit Legislation Amendment Bill 2005 (ab) a member of The Institute of Chartered Accountants in 1 Australia who is entitled to use the letters `CA' or 2 `FCA'; or 3 (ac) a member of the National Institute of Accountants who 4 is entitled to use the letters `MNIA', `FNIA', `PNA' or 5 `FPNA'; or'. 6 (2) Section 5, definition authorised accountant, paragraphs (aa) 7 to (b)-- 8 renumber as paragraphs (b) to (e). 9 Part 10 Amendment of Gaming 10 Machine Act 1991 11 Clause 22 Act amended in pt 10 12 This part amends the Gaming Machine Act 1991. 13 Clause 23 Amendment of schedule (Dictionary) 14 Schedule, definition approved accountant, paragraphs (b) and 15 (c)-- 16 omit, insert-- 17 `(b) a member of CPA Australia who holds a current public 18 practice certificate issued by CPA Australia; or 19 (c) a member of the National Institute of Accountants who 20 holds a current public practice certificate issued by the 21 institute; or'. 22

 


 

s 24 15 s 27 Audit Legislation Amendment Bill 2005 Part 11 Amendment of Gas Supply Act 1 2003 2 Clause 24 Act amended in pt 11 3 This part amends the Gas Supply Act 2003. 4 Clause 25 Amendment of s 227 (Content requirements for audited 5 statement) 6 (1) Section 227(a), from `the Australian' to `; and'-- 7 omit, insert-- 8 `CPA Australia and The Institute of Chartered Accountants in 9 Australia; and'. 10 (2) Section 227(b)(ii)-- 11 omit, insert-- 12 `(ii) a member of, and holds a practising certificate 13 from, CPA Australia, The Institute of Chartered 14 Accountants in Australia or the National Institute 15 of Accountants; and'. 16 Part 12 Amendment of Land Act 1994 17 Clause 26 Act amended in pt 12 18 This part amends the Land Act 1994. 19 Clause 27 Amendment of s 47 (Trustee's accounting functions) 20 Section 47(1)(a) to (c)-- 21 omit, insert-- 22 `(a) member of CPA Australia who is entitled to use the 23 letters `CPA' or `FCPA'; or 24

 


 

s 28 16 s 29 Audit Legislation Amendment Bill 2005 (b) member of The Institute of Chartered Accountants in 1 Australia who is entitled to use the letters `CA' or 2 `FCA'; or 3 (c) member of the National Institute of Accountants who is 4 entitled to use the letters `MNIA', `FNIA', `PNA' or 5 `FPNA'; or 6 (d) person approved by the chief executive.'. 7 Clause 28 Amendment of s 49 (External audits) 8 Section 49(a), after `auditor-general,'-- 9 insert-- 10 `a person mentioned in section 47(1)(a) to (d),'. 11 Clause 29 Insertion of new ch 9, pt 1C 12 After section 521C-- 13 insert-- 14 `Part 1C Transitional provision for Audit 15 Legislation Amendment Act 16 2005 17 `521D Persons appointed to perform certain audits before 18 commencement 19 `(1) This section applies if, before the commencement, the trustee 20 of trust land appointed a person mentioned in pre-amended 21 section 47(1)(a) or (b) to audit the trustee's books of 22 account-- 23 (a) for the 2004-2005 financial year and the person has not 24 performed the audit; or 25 (b) for the 2005-2006 financial year. 26 `(2) For the purpose of the person performing the audit, 27 pre-amended section 47(1)(a) or (b) continues to apply as if 28 the Audit Legislation Amendment Act 2005 had not 29 commenced. 30

 


 

s 30 17 s 31 Audit Legislation Amendment Bill 2005 `(3) In this section-- 1 commencement means commencement of this section. 2 pre-amended, in relation to section 47(1)(a) or (b), means the 3 provision as in force before the commencement.'. 4 Part 13 Amendment of Metropolitan 5 Water Supply and Sewerage 6 Act 1909 7 Clause 30 Act amended in pt 13 8 This part amends the Metropolitan Water Supply and 9 Sewerage Act 1909. 10 Clause 31 Amendment of s 4 (Interpretation) 11 Section 4-- 12 insert-- 13 `audit office means the Queensland Audit Office established 14 under the Financial Administration and Audit Act 1977, 15 section 47(2). 16 qualified person, for appointment as an auditor under section 17 108(1) or a special auditor under section 114(1), means-- 18 (a) a member of CPA Australia who is entitled to use the 19 letters `CPA' or `FCPA'; or 20 (b) a member of The Institute of Chartered Accountants in 21 Australia who is entitled to use the letters `CA' or 22 `FCA'; or 23 (c) a member of the National Institute of Accountants who 24 is entitled to use the letters `MNIA', `FNIA', `PNA' or 25 `FPNA'; or 26 (d) an officer of the audit office.'. 27

 


 

s 32 18 s 34 Audit Legislation Amendment Bill 2005 Clause 32 Amendment of s 108 (Appointment of auditors) 1 Section 108(1), from `some person' to `office,'-- 2 omit, insert-- 3 `a qualified person'. 4 Clause 33 Amendment of s 114 (Special audit) 5 (1) Section 114(1), `a special auditor or special auditors'-- 6 omit, insert-- 7 `a qualified person as a special auditor'. 8 (2) Section 114(2), `auditor or auditors'-- 9 omit, insert-- 10 `special auditor'. 11 (3) Section 114(2), `under this Act'-- 12 omit, insert-- 13 `under section 108'. 14 (4) Section 114(3), `or auditors'-- 15 omit. 16 Clause 34 Insertion of new pt 12 17 After section 156-- 18 insert-- 19 `Part 12 Transitional provisions 20 `157 Transitional provision for Audit Legislation 21 Amendment Act 2005 22 `(1) This section applies if-- 23 (a) before the commencement, the Minister appointed a 24 person, under pre-amended section 114(1), to examine 25 the accounts of the board for a period fixed by the 26 Minister; and 27 (b) the period has not ended. 28

 


 

s 35 19 s 36 Audit Legislation Amendment Bill 2005 `(2) Pre-amended section 114 continues to apply as if the Audit 1 Legislation Amendment Act 2005 had not commenced. 2 `(3) In this section-- 3 commencement means commencement of this section. 4 pre-amended, in relation to section 114, means the section as 5 in force before the commencement.'. 6 Part 14 Amendment of Petroleum and 7 Gas (Production and Safety) 8 Act 2004 9 Clause 35 Act amended in pt 14 10 This part amends the Petroleum and Gas (Production and 11 Safety) Act 2004. 12 Clause 36 Amendment of s 605 (Appointment and qualifications) 13 Section 605(2)-- 14 omit, insert-- 15 `(2) However, the chief executive may appoint a person as an 16 approved auditor only if-- 17 (a) the person is-- 18 (i) a member of CPA Australia who is entitled to use 19 the letters `CPA' or `FCPA'; or 20 (ii) a member of The Institute of Chartered 21 Accountants in Australia who is entitled to use the 22 letters `CA' or `FCA'; or 23 (iii) a member of the National Institute of Accountants 24 who is entitled to use the letters `MNIA', `FNIA', 25 `PNA' or `FPNA'; or 26 (b) the chief executive is satisfied the person is qualified for 27 appointment because the person has the necessary 28

 


 

s 37 20 s 39 Audit Legislation Amendment Bill 2005 expertise or experience to carry out an audit under this 1 division.'. 2 Part 15 Amendment of Property Agents 3 and Motor Dealers Act 2000 4 Clause 37 Act amended in pt 15 5 This part amends the Property Agents and Motor Dealers Act 6 2000. 7 Clause 38 Amendment of s 391 (Definitions for pt 2) 8 Section 391, definition qualified auditor, paragraphs (b) and 9 (c)-- 10 omit, insert-- 11 `(b) a member of CPA Australia who is entitled to use the 12 letters `CPA' or `FCPA'; or 13 (c) a member of The Institute of Chartered Accountants in 14 Australia who is entitled to use the letters `CA' or 15 `FCA'; or 16 (d) a member of the National Institute of Accountants who 17 is entitled to use the letters `MNIA', `FNIA', `PNA' or 18 `FPNA'.'. 19 Clause 39 Insertion of new ch 19, pt 6 20 Chapter 19, after pt 5-- 21 insert-- 22

 


 

s 39 21 s 39 Audit Legislation Amendment Bill 2005 `Part 6 Transitional provision for Audit 1 Legislation Amendment Act 2 2005 3 `637 Continuing auditor may perform certain audits 4 `(1) This section applies if-- 5 (a) before the commencement, a principal licensee 6 appointed a continuing auditor to audit the licensee's 7 trust accounts for an audit period mentioned in chapter 8 12, part 2, division 3; and 9 (b) either of the following apply-- 10 (i) the audit period has ended before the 11 commencement and the continuing auditor has not 12 performed the audit; 13 (ii) the audit period ends on, or within 12 months after, 14 the commencement. 15 `(2) For the purpose of the continuing auditor performing the 16 audit, the pre-amended provision continues to apply as if the 17 Audit Legislation Amendment Act 2005 had not commenced. 18 `(3) In this section-- 19 commencement means commencement of this section. 20 continuing auditor means a person mentioned in the 21 pre-amended provision. 22 pre-amended provision means section 391, definition 23 qualified auditor, paragraph (b) or (c), as in force before the 24 commencement.'. 25

 


 

s 40 22 s 42 Audit Legislation Amendment Bill 2005 Part 16 Amendment of Queensland 1 Police Welfare Club Act 1970 2 Clause 40 Act amended in pt 16 3 This part amends the Queensland Police Welfare Club Act 4 1970. 5 Clause 41 Amendment of s 2 (Meaning of terms) 6 (1) Section 2, heading-- 7 omit, insert-- 8 `2 Definitions'. 9 (2) Section 2-- 10 insert-- 11 `qualified person means-- 12 (a) a member of CPA Australia who is entitled to use the 13 letters `CPA' or `FCPA'; or 14 (b) a member of The Institute of Chartered Accountants in 15 Australia who is entitled to use the letters `CA' or 16 `FCA'; or 17 (c) a member of the National Institute of Accountants who 18 is entitled to use the letters `MNIA', `FNIA', `PNA' or 19 `FPNA'.'. 20 Clause 42 Amendment of s 3 (Appointment of office-bearers and 21 auditor of club) 22 Section 3(2), from `person' to `audit'-- 23 omit, insert-- 24 `qualified person'. 25

 


 

s 43 23 s 46 Audit Legislation Amendment Bill 2005 Part 17 Amendment of Retirement 1 Villages Act 1999 2 Clause 43 Act amended in pt 17 3 This part amends the Retirement Villages Act 1999. 4 Clause 44 Amendment of s 113 (Annual financial statements) 5 Section 113(2), from `either' to `auditor.'-- 6 omit, insert-- 7 `any of the following-- 8 `(a) a member of CPA Australia who holds a current public 9 practice certificate issued by CPA Australia; 10 (b) a member of The Institute of Chartered Accountants in 11 Australia who holds a current public practice certificate 12 issued by the Institute; 13 (c) a member of the National Institute of Accountants who 14 holds a current public practice certificate issued by the 15 Institute; 16 (d) a registered company auditor.'. 17 Part 18 Amendment of Security 18 Providers Act 1993 19 Clause 45 Act amended in pt 18 20 This part amends the Security Providers Act 1993. 21 Clause 46 Amendment of s 3 (Definitions) 22 Section 3, definition accountant, paragraphs (b) and (c)-- 23 omit, insert-- 24

 


 

s 47 24 s 49 Audit Legislation Amendment Bill 2005 `(b) a member of CPA Australia who is entitled to use the 1 letters `CPA' or `FCPA'; or 2 (c) a member of The Institute of Chartered Accountants in 3 Australia who is entitled to use the letters `CA' or 4 `FCA'; or 5 (d) a member of the National Institute of Accountants who 6 is entitled to use the letters `MNIA', `FNIA', `PNA' or 7 `FPNA'.'. 8 Part 19 Amendment of South Bank 9 Corporation Act 1989 10 Clause 47 Act amended in pt 19 11 This part amends the South Bank Corporation Act 1989. 12 Clause 48 Replacement of pt 11, hdg 13 Part 11, heading-- 14 omit, insert-- 15 `Part 11 Transitional provisions 16 `Division 1 Transitional provisions for South 17 Bank Corporation and Other Acts 18 Amendment Act 2003'. 19 Clause 49 Insertion of new pt 11, div 2 20 After section 123-- 21 insert-- 22

 


 

s 50 25 s 50 Audit Legislation Amendment Bill 2005 `Division 2 Transitional provision for Audit 1 Legislation Amendment Act 2005 2 `124 Audit of body corporate's accounts for certain 3 financial years 4 `(1) This section applies if, before the commencement, a body 5 corporate appointed a person mentioned in pre-amended 6 schedule 4, section 29B(2)(b) to carry out an audit of the 7 books and accounts of the body corporate-- 8 (a) for the 2004-2005 financial year and the person has not 9 carried out the audit; or 10 (b) for the 2005-2006 financial year. 11 `(2) For the purpose of the person carrying out the audit, 12 pre-amended schedule 4, section 29B(2)(b) continues to apply 13 as if the Audit Legislation Amendment Act 2005 had not 14 commenced. 15 `(3) In this section-- 16 commencement means commencement of this section. 17 pre-amended, in relation to schedule 4, section 29B(2)(b), 18 means the provision as in force before the commencement.'. 19 Clause 50 Amendment of sch 4 (Modified Building Units and Group 20 Titles Act) 21 (1) Schedule 4, section 7(1)-- 22 insert-- 23 `qualified auditor means-- 24 (a) a person registered as an auditor under the Corporations 25 Act; or 26 (b) a member of CPA Australia who is entitled to use the 27 letters `CPA' or `FCPA'; or 28 (c) a member of The Institute of Chartered Accountants in 29 Australia who is entitled to use the letters `CA' or 30 `FCA'; or 31

 


 

s 51 26 s 52 Audit Legislation Amendment Bill 2005 (d) a member of the National Institute of Accountants who 1 is entitled to use the letters `MNIA', `FNIA', `PNA' or 2 `FPNA'.'. 3 (2) Schedule 4, section 29(2)(h)-- 4 omit, insert-- 5 `(h) to decide whether to appoint a person to audit the books 6 and accounts of the body corporate;'. 7 (3) Schedule 4, section 29B(2)-- 8 omit, insert-- 9 `(2) The audit of the books and accounts of the body corporate 10 must be performed only by a qualified auditor.'. 11 (4) Schedule 4, section 94B, from `person registered' to `who'-- 12 omit, insert-- 13 `qualified auditor who'. 14 (5) Schedule 4, schedule 2, part 2, section 1(5)(ba), from `person' 15 to `to audit'-- 16 omit, insert-- 17 `qualified auditor to audit'. 18 Part 20 Amendment of Wagering Act 19 1998 20 Clause 51 Act amended in pt 20 21 This part amends the Wagering Act 1998. 22 Clause 52 Amendment of schedule 2 (Dictionary) 23 (1) Schedule 2, definition approved accountant, paragraph (b)-- 24 omit, insert-- 25 `(b) a member of CPA Australia who holds a current public 26 practice certificate issued by CPA Australia; or 27

 


 

s 53 27 s 53 Audit Legislation Amendment Bill 2005 (ba) a member of the National Institute of Accountants who 1 holds a current public practice certificate issued by the 2 institute; or'. 3 (2) Schedule 2, definition approved accountant, paragraph (c), 4 `paragraph (a) or (b)'-- 5 omit, insert-- 6 `paragraph (a), (b) or (c)'. 7 (3) Schedule 2, definition approved accountant, paragraphs (ba) 8 and (c)-- 9 renumber as paragraphs (c) and (d). 10 Part 21 Amendment of other audit 11 legislation 12 Clause 53 Amendments--schedule 13 The schedule amends the Acts and regulations mentioned in 14 it. 15

 


 

28 Audit Legislation Amendment Bill 2005 Schedule Amendment of other audit 1 legislation 2 section 53 3 Aboriginal Land Act 1991 4 1 After section 139-- 5 insert-- 6 `Part 11 Transitional provision for Audit 7 Legislation Amendment Act 8 2005 9 `140 Further amendment, or repeal, of Aboriginal Land 10 Regulation 1991 11 `The amendment of the Aboriginal Land Regulation 1991 by 12 the Audit Legislation Amendment Act 2005 does not affect the 13 power of the Governor in Council to further amend that 14 regulation or to repeal it.'. 15 Aboriginal Land Regulation 1991 16 1 Section 35C(1)(a) and (b)-- 17 omit, insert-- 18 `(a) a member of CPA Australia who is entitled to use the 19 letters `CPA' or `FCPA'; or 20 (b) a member of The Institute of Chartered Accountants in 21 Australia who is entitled to use the letters `CA' or 22 `FCA'; or 23

 


 

29 Audit Legislation Amendment Bill 2005 Schedule (continued) (ba) a member of the National Institute of Accountants who 24 is entitled to use the letters `MNIA', `FNIA', `PNA' or 25 `FPNA'; or'. 26 2 Section 35C(1)(ba) and (c)-- 1 renumber as section 35C(1)(c) and (d). 2 3 Part 9, heading-- 3 omit, insert-- 4 `Part 9 Transitional provisions 5 `Division 1 Transitional provisions for Natural 6 Resources Legislation Amendment 7 Regulation (No. 2) 1998'. 8 4 After section 64-- 9 insert-- 10 `Division 2 Transitional provision for Audit 11 Legislation Amendment Act 2005 12 `65 Persons appointed to perform certain audits before 13 commencement 14 `(1) This section applies if, before the commencement, a land trust 15 appointed a person mentioned in pre-amended section 16 35C(1)(a) or (b) to audit the land trust's accounts-- 17 (a) for the 2004-2005 financial year and the person has not 18 performed the audit; or 19 (b) for the 2005-2006 financial year. 20 `(2) For the purpose of the person performing the audit, 21 pre-amended section 35C(1)(a) or (b) continues to apply as if 22

 


 

30 Audit Legislation Amendment Bill 2005 Schedule (continued) the Audit Legislation Amendment Act 2005 had not 23 commenced. 24 `(3) In this section-- 25 commencement means commencement of this section. 26 pre-amended, in relation to section 35C(1)(a) or (b), means 1 the provision as in force before the commencement.'. 2 Body Corporate and Community Management Act 3 1997 4 1 Chapter 8-- 5 insert-- 6 `Part 5 Transitional provision for Audit 7 Legislation Amendment Act 8 2005 9 `356 Further amendment, or repeal, of certain regulations 10 `The amendment of the following regulations by the Audit 11 Legislation Amendment Act 2005 does not affect the power of 12 the Governor in Council to further amend the regulations or to 13 repeal them-- 14 (a) Body Corporate and Community Management 15 (Accommodation Module) Regulation 1997; 16 (b) Body Corporate and Community Management 17 (Commercial Module) Regulation 1997; 18 (c) Body Corporate and Community Management (Small 19 Schemes Module) Regulation 1997; 20 (d) Body Corporate and Community Management 21 (Standard Module) Regulation 1997.'. 22

 


 

31 Audit Legislation Amendment Bill 2005 Schedule (continued) Body Corporate and Community Management 23 (Accommodation Module) Regulation 1997 24 1 Section 106-- 25 omit, insert-- 26 `106 Auditing qualifications and experience--Act, sch 6 [SM, s 1 107] 2 `(1) For schedule 6 of the Act, definition auditor, paragraph (a)(ii), 3 the qualifications and experience in accountancy that are 4 approved for a person are stated in subsection (2). 5 `(2) The person must-- 6 (a) be a member of-- 7 (i) CPA Australia and entitled to use the letters `CPA' 8 or `FCPA'; or 9 (ii) The Institute of Chartered Accountants in Australia 10 and entitled to use the letters `CA' or `FCA'; or 11 (iii) the National Institute of Accountants and entitled 12 to use the letters `MNIA', `FNIA', `PNA' or 13 `FPNA'; and 14 (b) have a total of 2 years auditing experience, whether or 15 not continuous.'. 16 2 Part 11 heading-- 17 omit, insert-- 18 `Part 11 Transitional provisions for 19 Body Corporate and 20 Community Management 21 Legislation Amendment 22 Regulation (No. 1) 2003'. 23

 


 

32 Audit Legislation Amendment Bill 2005 Schedule (continued) 3 After section 161-- 24 insert-- 25 `Part 12 Other transitional provisions 1 `162 Transitional provision for Audit Legislation Amendment 2 Act 2005 3 `(1) This section applies if-- 4 (a) before the commencement, a body corporate appointed 5 a person with qualifications and experience in 6 accountancy mentioned in pre-amended section 106, to 7 audit its statement of accounts for a financial year; and 8 (b) either of the following apply-- 9 (i) the financial year has ended before the 10 commencement and the person has not performed 11 the audit; 12 (ii) the financial year ends on, or within 12 months 13 after, the commencement. 14 `(2) For the purpose of the person performing the audit, 15 pre-amended section 106 continues to apply as if the Audit 16 Legislation Amendment Act 2005 had not commenced. 17 `(3) In this section-- 18 commencement means commencement of this section. 19 pre-amended, in relation to section 106, means the section as 20 in force before the commencement.'. 21 Body Corporate and Community Management 22 (Commercial Module) Regulation 1997 23 1 Section 87-- 24 omit, insert-- 25

 


 

33 Audit Legislation Amendment Bill 2005 Schedule (continued) `87 Auditing qualifications and experience--Act, sch 6 [SM, s 1 107] 2 `(1) For schedule 6 of the Act, definition auditor, paragraph (a)(ii), 3 the qualifications and experience in accountancy that are 4 approved for a person are stated in subsection (2). 5 `(2) The person must-- 6 (a) be a member of-- 7 (i) CPA Australia and entitled to use the letters `CPA' 8 or `FCPA'; or 9 (ii) The Institute of Chartered Accountants in Australia 10 and entitled to use the letters `CA' or `FCA'; or 11 (iii) the National Institute of Accountants and entitled 12 to use the letters `MNIA', `FNIA', `PNA' or 13 `FPNA'; and 14 (b) have a total of 2 years auditing experience, whether or 15 not continuous.'. 16 2 After section 134-- 17 insert-- 18 `Part 11 Transitional provisions 19 `135 Transitional provision for Audit Legislation Amendment 20 Act 2005 21 `(1) This section applies if-- 22 (a) before the commencement, a body corporate appointed 23 a person with qualifications and experience in 24 accountancy mentioned in pre-amended section 87, to 25 audit its statement of accounts for a financial year; and 26 (b) either of the following apply-- 27 (i) the financial year has ended before the 28 commencement and the person has not performed 29 the audit; 30

 


 

34 Audit Legislation Amendment Bill 2005 Schedule (continued) (ii) the financial year ends on, or within 12 months 1 after, the commencement. 2 `(2) For the purpose of the person performing the audit, 3 pre-amended section 87 continues to apply as if the Audit 4 Legislation Amendment Act 2005 had not commenced. 5 `(3) In this section-- 6 commencement means commencement of this section. 7 pre-amended, in relation to section 87, means the section as in 8 force before the commencement.'. 9 Body Corporate and Community Management (Small 10 Schemes Module) Regulation 1997 11 1 Section 68-- 12 omit, insert-- 13 `68 Auditing qualifications and experience--Act, sch 6 [SM, s 14 107] 15 `(1) For schedule 6 of the Act, definition auditor, paragraph (a)(ii), 16 the qualifications and experience in accountancy that are 17 approved for a person are stated in subsection (2). 18 `(2) The person must be a member of-- 19 (a) CPA Australia and entitled to use the letters `CPA' or 20 `FCPA'; or 21 (b) The Institute of Chartered Accountants in Australia and 22 entitled to use the letters `CA' or `FCA'; or 23 (c) the National Institute of Accountants and entitled to use 24 the letters `MNIA', `FNIA', `PNA' or `FPNA'.'. 25 2 After part 10-- 26 insert-- 27

 


 

35 Audit Legislation Amendment Bill 2005 Schedule (continued) `Part 11 Transitional provisions 1 `114 Transitional provision for Audit Legislation Amendment 2 Act 2005 3 `(1) This section applies if-- 4 (a) before the commencement, a body corporate appointed 5 a person with qualifications and experience in 6 accountancy considered appropriate by the body 7 corporate under pre-amended section 68, to audit its 8 statement of accounts for a financial year; and 9 (b) either of the following apply-- 10 (i) the financial year has ended before the 11 commencement and the person has not performed 12 the audit; 13 (ii) the financial year ends on, or within 12 months 14 after, the commencement. 15 `(2) For the purpose of the person performing the audit, 16 pre-amended section 68 continues to apply as if the Audit 17 Legislation Amendment Act 2005 had not commenced. 18 `(3) In this section-- 19 commencement means commencement of this section. 20 pre-amended, in relation to section 68, means the section as in 21 force before the commencement.'. 22 Body Corporate and Community Management 23 (Standard Module) Regulation 1997 24 1 Section 107-- 25 omit, insert-- 26

 


 

36 Audit Legislation Amendment Bill 2005 Schedule (continued) `107 Auditing qualifications and experience--Act, sch 6 1 `(1) For schedule 6 of the Act, definition auditor, paragraph (a)(ii), 2 the qualifications and experience in accountancy that are 3 approved for a person are stated in subsection (2). 4 `(2) The person must-- 5 (a) be a member of-- 6 (i) CPA Australia and entitled to use the letters `CPA' 7 or `FCPA'; or 8 (ii) The Institute of Chartered Accountants in Australia 9 and entitled to use the letters `CA' or `FCA'; or 10 (iii) the National Institute of Accountants and entitled 11 to use the letters `MNIA', `FNIA', `PNA' or 12 `FPNA'; and 13 (b) have a total of 2 years auditing experience, whether or 14 not continuous.'. 15 2 Part 11 heading-- 16 omit, insert-- 17 `Part 11 Transitional provisions for 18 Body Corporate and 19 Community Management 20 Legislation Amendment 21 Regulation (No. 1) 2003'. 22 3 After section 162-- 23 insert-- 24 `Part 12 Other transitional provisions 25 `163 Transitional provision for Audit Legislation Amendment 26 Act 2005 27 `(1) This section applies if-- 28

 


 

37 Audit Legislation Amendment Bill 2005 Schedule (continued) (a) before the commencement, a body corporate appointed 1 a person with qualifications and experience in 2 accountancy mentioned in pre-amended section 107, to 3 audit its statement of accounts for a financial year; and 4 (b) either of the following apply-- 5 (i) the financial year has ended before the 6 commencement and the person has not performed 7 the audit; 8 (ii) the financial year ends on, or within 12 months 9 after, the commencement. 10 `(2) For the purpose of the person performing the audit, 11 pre-amended section 107 continues to apply as if the Audit 12 Legislation Amendment Act 2005 had not commenced. 13 `(3) In this section-- 14 commencement means commencement of this section. 15 pre-amended, in relation to section 107, means the section as 16 in force before the commencement.'. 17 Financial Administration and Audit Act 1977 18 1 Part 8-- 19 insert-- 20 `Division 5 Transitional provision for Audit 21 Legislation Amendment Act 2005 22 `142 Further amendment, or repeal, of Financial 23 Administration and Audit Regulation 1995 24 `The amendment of the Financial Administration and Audit 25 Regulation 1995 by the Audit Legislation Amendment Act 26 2005 does not affect the power of the Governor in Council to 27 further amend that regulation or to repeal it.'. 28

 


 

38 Audit Legislation Amendment Bill 2005 Schedule (continued) Financial Administration and Audit Regulation 1995 1 1 Section 3(2)(b)(i) and (ii)-- 2 omit, insert-- 3 `(i) a member of CPA Australia who is entitled to use 4 the letters `CPA' or `FCPA'; or 5 (ii) a member of The Institute of Chartered 6 Accountants in Australia who is entitled to use the 7 letters `CA' or `FCA'; or 8 (iia) a member of the National Institute of Accountants 9 who is entitled to use the letters `MNIA', `FNIA', 10 `PNA' or `FPNA'; or'. 11 2 Section 3(2)(b)(iia) to (iv)-- 12 renumber as section 3(2)(b)(iii) to (v). 13 3 After section 4-- 14 insert-- 15 `5 Transitional provision for Audit Legislation Amendment 16 Act 2005 17 `(1) This section applies if-- 18 (a) before the commencement, a parents and citizens 19 association appointed a person mentioned in 20 pre-amended section 3(2)(b)(i) or (ii) to audit the 21 association for a financial year; and 22 (b) either of the following apply-- 23 (i) the financial year has ended before the 24 commencement and the person has not performed 25 the audit; 26 (ii) the financial year ends on, or within 12 months 27 after, the commencement. 28

 


 

39 Audit Legislation Amendment Bill 2005 Schedule (continued) `(2) For the purpose of the person performing the audit, 1 pre-amended section 3(2)(b)(i) or (ii) continues to apply as if 2 the Audit Legislation Amendment Act 2005 had not 3 commenced. 4 `(3) In this section-- 5 commencement means commencement of this section. 6 pre-amended, in relation to section 3(2)(b)(i) or (ii), means 7 the provision as in force before the commencement.'. 8 Torres Strait Islander Land Act 1991 9 1 After section 135-- 10 insert-- 11 `Part 10 Transitional provision for Audit 12 Legislation Amendment Act 13 2005 14 `136 Further amendment, or repeal, of Torres Strait Islander 15 Land Regulation 1991 16 `The amendment of the Torres Strait Islander Land 17 Regulation 1991 by the Audit Legislation Amendment Act 18 2005 does not affect the power of the Governor in Council to 19 further amend that regulation or to repeal it.'. 20 Torres Strait Islander Land Regulation 1991 21 1 Section 35C(1)(a) and (b)-- 22 omit, insert-- 23

 


 

40 Audit Legislation Amendment Bill 2005 Schedule (continued) `(a) a member of CPA Australia who is entitled to use the 24 letters `CPA' or `FCPA'; or 25 (b) a member of The Institute of Chartered Accountants in 1 Australia who is entitled to use the letters `CA' or 2 `FCA'; or 3 (ba) a member of the National Institute of Accountants who 4 is entitled to use the letters `MNIA', `FNIA', `PNA' or 5 `FPNA'; or'. 6 2 Section 35C(1)(ba) and (c)-- 7 renumber as section 35C(1)(c) and (d). 8 3 Part 9, heading-- 9 omit, insert-- 10 `Part 9 Transitional provisions 11 `Division 1 Transitional provisions for Natural 12 Resources Legislation Amendment 13 Regulation (No. 2) 1998'. 14 4 After section 59-- 15 insert-- 16 `Division 2 Transitional provision for Audit 17 Legislation Amendment Act 2005 18 `60 Persons appointed to perform certain audits before 19 commencement 20 `(1) This section applies if, before the commencement, a land trust 21 appointed a person mentioned in pre-amended section 22 35C(1)(a) or (b) to audit the land trust's accounts-- 23

 


 

41 Audit Legislation Amendment Bill 2005 Schedule (continued) (a) for the 2004-2005 financial year and the person has not 24 performed the audit; or 25 (b) for the 2005-2006 financial year. 26 `(2) For the purpose of the person performing the audit, 1 pre-amended section 35C(1)(a) or (b) continues to apply as if 2 the Audit Legislation Amendment Act 2005 had not 3 commenced. 4 `(3) In this section-- 5 commencement means commencement of this section. 6 pre-amended, in relation to section 35C(1)(a) or (b), means 7 the provision as in force before the commencement.'. 8 © State of Queensland 2005

 


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